ICC Digital Library Forum

WE ISSUED LETTER OF CREDIT REQUIRED FOLLOWING DOCUMENTS:
-INVOICE - ORIGINAL AND PLUS ONE COPY, DULY SIGNED AND STAMPED
- PARCEL POST RECEIPT
.
ORDERING CUSTOMER GAVE US ORDER TO AMEND A/M L/C AS FOLLOWS:
-PARCEL POST RECEIPT IS NOT REQUIRED
.
IS THERE DOCUMENTARY LETTER OF CREDIT WITHOUT SHIPPING DOCUMENT?
IS THERE POSSIBILITY TO CHECK SHIPMENT DATE?

My personal views, without any responsibility/liability are:

There is not any reason, in principle, why one cannot have a credit that is available against documents that do not include a transport document. However, the credit provisions need to be consistent with this. Thus, for example, either -in this case- any latest date for despatch must be deleted or the credit must be amended to specify that the invoice must show the date of despatch. Also, I would observe that in the absence of a transport document, one cannot apply Article 43. However, I cannot imagine this would be of concern to the applicant given that -I suppose- obtaining the goods will not be contingent on documents presentation.

Agreed.

Furthermore, the wording of article 43 indicates that not all credits require the presentation of a transport document:

"a. In addition to stipulating an expiry date for presentation of documents, EVERY CREDIT WHICH CALLS FOR A TRANSPORT DOCUMENT(s) should also stipulate a specified period of time after the date of shipment during which presentation must be made in compliance with the terms and conditions of the Credit."

The presence of a latest shipment date with the absence of a transport document indicates that Article 13 c applies, viz such conditions are regarded as not stated and are disregarded.

Laurence